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Name: People v. Wagner
Case #: E047167
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/21/2009
Subsequent History: rev. granted 9/30/09 (S175794)

The case was properly dismissed based on courtroom unavailability. Assault charges against Wagner were dismissed when the trial court found that there were no courtrooms available to hear the last-day case in a timely manner, and there was not good cause for a continuance. The prosecutor appealed, contending that the trial court erred by dismissing the case pursuant to section 1382 because it failed to properly consider and give precedence to this case over other civil cases in its effort to find an available courtroom, and that court congestion and mismanagement constituted good cause to continue the case. The appellate court rejected the argument and found no abuse of discretion in denying the requested continuance. The trial court properly determined that there were no available courtrooms. There was no evidence that the court congestion was caused by mismanagement or administrative policy. Dismissal was necessary to avoid a violation of Wagner’s statutory speedy trial rights. The court further found that the prosecution was foreclosed from refiling the charges.